OFFICE OF THE GENERAL MANAGER, CUDDALORE.

EOI Document for Rollout, Operation and Maintenance of Voice & high speed Broadband Services through last mile access technologies like FTTH, FTTB, DSLAM, RF etc., on Revenue Share Basis in the jurisdiction of Cuddalore SSA.

Name of the Applicant for enrolment as FSP : ……………………………..

Cost of the EoI Document : Rs. 236 (inclusive of GST)

Document cost, which shall be non-refundable, in the form of crossed demand draft, drawn on any scheduled bank, in favour of “Accounts Officer (Cash), O/o GM, BSNL, Cuddalore ” shall be submitted along with EoI document.

EOI Document shall be available for downloading from our website: www.tamilnadu.bsnl.co.in from 09/07/2018

Note: 1. Please Submit all the pages duly signed.

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BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise) O/o General Manager, BSNL, Hospital Road, Cuddalore 607 001

From: To,

AGM (NWP CFA), ...... O/o GM, BSNL, Cuddalore......

No :EOI/ AGM(NWP CFA) /Fibre BB Revenue Share basis/2018-19/2 for Dated:09.07.2018.

Sub: - EOI Document for Rollout, Operation and Maintenance of Voice & high speed Broadband services through last mile access technologies like FTTH, FTTB, DSLAM, RF etc., on Revenue Share basis in the jurisdiction of Cuddalore SSA .

Please find enclosed the document in respect of above mentioned EOI which contains the following.

Section No. Item Page No. 1. Detailed Notice Inviting Expression of Interest (EoI) 3

2. EOI Information 6 3. Scope of work 7 4 General Instructions to the Applicant FSPs 15 5 General Commercial Conditions of Contract. 24 6 (A) Undertaking and declaration 31 6 (B) Near Relation Certificate 32 7 (A) Performance Bank Guarantee 33 7 (B) Consortium Agreement 35 8 A Applicant FSP profile and questionnaire 37 8 B Proposal letter by the FSP 38 9 Agreement 39-47 10 Annexure A (List of Exchanges) 48-53 11 Annexure –B(List of BTS Sites) 54-62

If interested, kindly submit your offers by means of sealed envelopes only for EoI.

AGM (NWP), Cuddalore

------Regd. Off & Corporate Office. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Janpath,New Delhi -110 001. Web: www.bsnl.co.in

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SECTION - 1

DETAILED NOTICE INVITING EXPRESSION OF INTEREST (EOI)

1. Introduction

1.1. On behalf of General Manager, Bharat Sanchar Nigam Limited Cuddalore SSA sealed EOI is invited from the Builders/RWAs/Telecom Infra providers(TIP)/MSOs/LCOs and firms for Rollout, Operation & Maintenance of Voice & Broadband Data services over FTTH, FTTB, DSLAM, RF etc ., on Revenue Share basis.

1.2. Bharat Sanchar Nigam Limited (BSNL), a Public Sector Undertaking of Government of India, is one of the largest telecom Service Provider in India having a countrywide presence with over 100 million customers and offer hosts of services like Wire-line voice, GSM 2G/3G, CDMA, WiMAX Data communication, National long distance, International Long Distance, Internet, Broad band, Multiplay, Leased Line, etc., . It is also the largest ISP offering broadband services on ADSL 2+ to its customers. BSNL is currently operating across the nation except in Delhi and Mumbai.

2. EOI brief

2.1. BSNL is deploying Next Generation Play Access Network (FTTH) based on GPON and GEPON technology for provisioning of high speed Bandwidth and Broadband applications to home, business and enterprise customers.

2.2. The services that are planned to be offered to the end customers are Broadband up to 100 Mbps & even beyond, Leased Line, VPN up to 1 Gbps, Voice, IPTV, Video on Demand and other content based services such as Video Surveillance etc., . The targeted customers are high-end customers for both residential and business segments.

2.3. BSNL intends to enroll firms for Rollout, Operation & Maintenance of Voice & BB services over FTTH, FTTB, DSLAM, RF etc., on Revenue Share basis. Proposals are accordingly invited from interested applicant Builders/RWAs/Telecom Infra providers (TIP)/MSOs/LCOs and firms (hereinafter referred as Fibre BB Service Partner i.e FSP). BSNL shall open and evaluate the Techno-commercially responsive applicant firms and after evaluation, BSNL, Cuddalore shall enroll and register the successful applicant firms as FSP.

2.4. The registered FSPs shall be responsible for assisting BSNL in delivering Voice & Broadband services along with Customer Acquisition, installation, Operation & maintenance, as per the terms and conditions of this EOI adopting any of the last mile access technologies like FTTH/FTTB/DSLAM/RF etc.

2.4.1. In the case of FTTH, The registered FSPs shall be responsible for laying of last mile fiber, Installation of Splitters, extension of fiber from the Splitter, carrying out internal fiber wiring in the Customer Premises, installation of OLT as per terms and conditions defined later in the EOI document.

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2.4.2 In case of FTTB, the FSP is responsible for installation, maintenance and operation of L2 switches, last mile Ethernet wiring up to customer premises.

2.4.3 In case of RFBB, installation, Maintenance and operation of WI-FI Base Station and customer end CPEs.

2.4.4 In case of DSLAM the applicant FSP is responsible for installation, Maintenance and operation of DSLAM and last mile copper network.

2.5 Details of Cities and capacity in the zone:

Area covered Target per Year Per Successful Applicant FSP

BSNL Cuddalore SSA 100 Connections

3. Eligibility Requirement

3.1. The applicant FSPs who qualify the following conditions, may submit the proposal: i. The applicant FSP may be a company registered/incorporated in India under the Indian Companies Act, 1956 / 2016 or a proprietary/partnership firms registered with local government authorities. ii. The applicant FSP shall have got an experience in any of FTTH, FTTB, DSLAM, OLT ,RF etc., technologies and should have provided at least 50 such connections. Self-certification with details of experience with address of places, location to be given. iii. In case the applicant is not having the experience as mentioned at Para (ii) above, then the EOI can be submitted through a legally bound consortium format as in the Section 7 (C) with a firm who is having experience as at Para (ii) above. In case of consortium, lead Applicant FSP (lead member of Consortium) shall have experience of successful implementation of IT/Telecom/Networking/Content/Media Projects of a total value of minimum INR 1 Crore after 01-04-2015. Details along with client certificate to this effect stating value of such projects shall be submitted along with the application.

3.2. The Applicant FSPs shall submit necessary documentary proof showing that they meet the eligibility criteria along with their EoI application. All documents submitted will also be self-attested by the Applicant FSP.

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3.3. In case an applicant FSP is the EoI through a legally bound consortium with the partner, the applicant FSP is required to submit the following documents pertaining to consortium member:

(i) Attested copy of the Certificate of Incorporation for Consortium member, registered in India. (ii) Board’s resolution in favour of authorized signatory of consortium partner to participate in the EOI as consortium.

3.3.1 In case of consortium applicants, only lead applicant FSP will interact with BSNL for all obligations/payment; however all consortium members will be responsible for the execution of the project.

3.3.2 A consortium member may participate in more than one consortium. However the applicant FSP is not permitted to be a consortium member under another applicant FSP for this project.

3.3.3 No change in consortium members i.e. addition or dropping of a member shall be permitted after the submission of the EoI Application.

4. EOI Document shall be available for downloading from our website: www.tamilnadu.bsnl.co.in

4.1 Payment of Rs. 236 (Rupees Two hundred and thirty six only) towards EOI Document cost, which shall be non-refundable, in the form of crossed demand draft, drawn on any scheduled bank, in favour of “Accounts Officer (Cash), O/o GM, BSNL, Cuddalore ” shall be submitted along with EoI document.

5. GM, BSNL Cuddalore reserves the right to accept or reject any or all EOI application without assigning any reason.

Note: All documents submitted in the EoI offer shall be preferably in English. In case the certificate viz experience, registration etc., is issued in any other language other than English, the Applicant FSP shall attach an English translation of the same duly attested by the Applicant FSP & the translator to be true copy in addition to the relevant certificate.

All computer generated documents shall be duly attested/ signed by the issuing organisation.

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Section- 2

EOI Information

Note: The EoI applications will be evaluated techno-commercially and techno- commercially compliant Applicant FSPs shall be enrolled and registered as FSP.

1. The EOI offer shall contain one set of the following documents only :

i. DD towards Cost of the EOI documents i.e. EOI fee. ii. Certificate(s) showing fulfilment of the eligibility criteria(s) stated in Clause 3 of the Detailed NIT (Section I) iii. Power of Attorney & authorization for executing the power of attorney in accordance with clause 8.3 of section 4. iv. Clause by clause compliance and Profile & Questionnaire duly filled & signed (section 8A). v. Near-relation certificate duly filled and signed (Section 6[B]) vi. Undertaking & declaration in Proforma duly filled & signed (Section 6A) vii. Documents stated in clause 7 of Section-4. viii. EOI documents duly signed on each page for having read it & accepted it. ix. Proposal letter containing three locations / place where the services are to be provisioned as per Section – 8 B x. Proof of Turnover certificate as required in clause 7.2 of Section 4 with date of issue not later than EoI date.

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SECTION- 3 SCOPE OF WORK

1 Introduction 1.1 BSNL envisages providing quality Voice and high speed Bandwidth services over FTTH, FTTB, DSLAM, RF ets., technologies to the customers’ door-step, with in a given Residential / Business complex in the area allotted to the eligible FSP (i.e. Builders/RWAs/telecom Infra providers/MSOs/LCOs and firms).

1.2 Through this EOI, BSNL shall finalize the eligible FSPs to assist BSNL in Rollout including Customer acquisition, laying of last mile OF cable, fibre/Ethernet cabling/wiring, CPE (ONT etc.,)/Splitter installation, OLT installation and thereafter Operational & Maintenance of the services at the premises of BSNL’s customers, on Revenue Share Basis according to the model opted. Such BSNL’s Customers Residential / Business complex is also referred as the Project in this document.

1.3 All the BB & voice services to the subscribers shall be provided under the brand name of BSNL. These Customers shall be owned by BSNL. Invoicing to these customers and revenue collection shall also be done by BSNL.

1.4 BSNL would provide backhaul connectivity from the nearest exchange. The FSP shall be responsible for supply and installation of all items including but not limited to lead-in OF cable, Ethernet cable/customer end wiring and all related iron materials and fixtures etc., at their own cost.

1.5 The customer premises equipment and wiring so installed by the FSP shall upon installation become an integral part of the basic telecom and broadband network and that the Services so provided by BSNL. The provision of such equipment would be within the purview of the services as defined under the terms and meanings assigned to them by DOT, TRAI and/or any other government/statutory body so legislated from time to time.

1.6 During the tenure of the contract the BSNL equipment and network for the project would be under maintenance custody of the FSP and the FSP would take enough care for safeguard of the equipment.

1.7 The equipment so installed shall be used to provide all the services that the BSNL may choose to offer to the customers including but not limited to Basic Telephony, National & International Calling Services, Broadband Internet Access, Leased Line and Value Added Services that may be offered by BSNL on its own or through VAS providers.

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2 FSP’s Role and responsibility 2.1 The FSP shall pro-actively market the BB/Voice and other services offered by BSNL, educating the customer on the usage / benefits of the service, tariff plans etc. The FSP shall identify the potential buildings for the services and may also undertake the work in the anticipation of the demand.

2.2 In this case FSPs (Builders/RWAs/TIPs) shall be responsible for Supply, Deploy, Own, operate and maintain RF Equipment, LAN Switches and all the Telecom Network infrastructure beyond their equipment up-to customer’s premises. Space & Power shall also be arranged by FSP for installation of LAN Switches.

2.3 The Compatible customer premises equipment (CPE) shall also be supplied by FSPs to the customers directly and cost towards this shall not be considered for revenue share purpose. Any further post sale obligation in respect of CPE shall rest with FSPs and not with BSNL.

2.4 BSNL shall extend the bandwidth connectivity up-to LAN Switches (L2) free of Cost subject to Techno- Commercial viability. Hence LAN Switches shall be installed by the FSPs (Builders/RWAs/TIPs) with mutual consultation with BSNL.

2.5 The FSPs (Builders/RWAs/TIPs) shall follow all the guidelines / rules /regulations of Govt. of India/DOT including TRAI Parameters. 2.6 Shareable revenue is payable after deducting any expenditure incurred by BSNL towards service related statutory levies.

2.7 The FSP shall carry-out formalities for Customer acquisition, assisting customers in filling up of CAF (customer acquisition form), and subscription of BSNL services by residents in a pro-active manner. The FSP shall carryout required co-ordination with BSNL commercial / booking offices for completion of commercial formalities.

2.8 Network deployment and provide last mile connectivity to the customer premises:

2.8.1 Applicant FSP shall plan for any of the FTTH, FTTB, DSLAM, RF, OLT etc., architecture for a given project/ customer premises for deployment in consultation with BSNL.

2.8.2 The Applicant FSP shall deploy the FTTH, FTTB, DSLAM, RF,OLT etc., equipment including customer Premise Equipment viz. CPE Modem, ONT etc., . & the Lead-in Fibre cable network including drop fibre etc., within the customer premises/complex at its own cost. BSNL shall be responsible for providing backhaul connectivity from the nearest exchange. FSP from there onwards shall be required to provide and lay lead-in last fibre (OF)/drop fibre cable, Installation of Splitters, extension of fiber from the Splitter, carrying out internal fibre wiring in the complex/Customer Premises, protection material and all related accessories, at its own cost. The FTTH/FTTB/OLT equipment should be fed with BSNL input.

2.8.3 For the deployment of the network if any additional materials / fitments are required like runway, pipes, supporting structure, terminations etc., any other items

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that are not covered in BSNL standard supply, same shall be procured by the FSP at their own cost and complete the deployment.

2.8.4 FSP is also at liberty to procure and install the Multi Dwelling Units (MDU) and provide FTTH services on Ethernet cable/Copper wiring beyond MDU depending on the site requirements.

2.8.5 The FSP shall be responsible for the installation and configuration of the FTTH’s Customer Premise Equipment (CPE) called as ONT.

2.8.6 BSNL officials shall coordinate with the FSP to energize the service for the customer.

2.8.7 Any Testing equipment, Computers etc. brought by the FSP for carrying out maintenance works would remain under ownership of the applicant FSP.

2.8.8 FSP shall provide relevant literature, drawings, etc., for the network deployed, as required to BSNL.

2.8.9 The FSP shall comply with all applicable laws, byelaws, rules, regulations, orders, directions, and notifications etc., as per Law of the land and of Government / court / tribunals and subsequent amendments if any issued from time to time.

2.9 Operation & Maintenance of FTTH, FTTB, DSLAM, RF etc ., services in customer premises:

2.9.1 FSP shall be responsible to operate and maintain the FTTH, FTTB, DSLAM, RF etc ., network including end-equipment and the customer last-mile (that is provisioned by FSP).

2.9.2 The FSP shall deploy their sufficient trained personnel such that the customer needs/ complaints, faults etc., . are resolved expeditiously in compliance with the maintenance philosophy by BSNL.

2.9.3 FSP shall be responsible for day to day operations of FTTH, FTTB, DSLAM, RF etc ., network/services within the Project. FSP would attend the problems / complaints of the customer within the time frame as mentioned in this agreement. The committed service Quality levels as defined later would be maintained by FSP.

2.9.4 FSP shall at its cost provide resources for monitoring the Network equipment and customer lines at the project site on need basis.

2.9.5 Applicant FSP would stock sufficient maintenance spares for attending to the faults expeditiously.

2.9.6 All expenditure required for maintenance and operation, including the customer premises fault attending etc., shall be made by FSP.

2.9.7 The FSP shall comply with all labour laws i.e. PF/ EPF, Industrial Disputes etc., for the person engaged by the FSP for installation, operation and maintenance of network at BSNL’s customers’ premises and BSNL shall not be liable for any disputes/claims arising out of that, and should be ready to submit the relevant documents when needed.

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3 BSNL’s Role & Responsibilities 3.1 BSNL shall provide backhaul connectivity from the nearest exchange subject to Techno-Commercial Viability.

3.2 BSNL shall provide the connectivity to its Telecom network infrastructure comprising of Basic, Cellular, ISP, NLD & ILD, Leased line services at BSNL cost.

3.3 Fixation of Tariff applicable to Customers for services so offered rests with BSNL.

3.4 BSNL will extend the services to all desirous customers through the FSP on receipt of CAF collected by the FSP, and should be registered at the office of BSNL.

3.5 Billing/Invoicing for the services availed by the customers shall be done by BSNL 4 Marketing

4.1 THE FSP shall conduct door-to-door marketing campaign with in the Project premises for enrolment of customers to FTTH, FTTB, DSLAM, RF ETC., ., service. The FSP shall deploy qualified personnel having ability to carry out such marketing campaigns.

4.2 BSNL will also promote (but not obliged) the Services as part of its regular advertising campaigns.

4.3 The FSP shall market/promote the Services at its own cost under the brand name of BSNL. The expenses for the promotion campaign shall be borne by the FSP. Such promotion of Services will clearly mention the brand name of BSNL.

5 Areas of Operation & Service to be offered to the customers of BSNL 5.1 The area of operation under this agreement would be various Residential, Business/ commercial complexes/individual business and residential establishments in various locations of Cuddalore SSA and proposed by the FSP in the EoI application.

5.2 The Services that shall be offered to BSNL customers through the FTTH, FTTB, DSLAM, RF etc ., equipment so installed at customer premises shall include but not be limited to:

a. Basic Telephone service for Voice Connectivity

b. Broadband Data Connectivity & Internet Access through CPE

c. Value Added Services (VAS) – like IPTV, VoIP, Voice Mail, Audio, Video- Conferencing and others, being offered through other VAS partners.

5.2.1 The above Services portfolio likely to be continuously updated to include latest services in line with the customers’ preferences, market demands and in accordance with BSNL requirements, from time to time.

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6 Compliance to all Applicable Law 6.1 The FSP shall also comply with all other Govt. of India act and laws that are applicable to the work contained in this EOI

7 Duration of the contract period

7.1 Duration of contract is 4 years from the date of award of work. After 4 years also, the contract can be extended on year-on-year basis at the liberty of BSNL on mutually negotiated terms and conditions including commercials.

8 Confidentiality:

8.1 The FSP shall take adequate and timely measures to ensure that information provided through it as part of this contract/agreement shall be kept confidential, secured and protected and shall not be divulged to any unauthorized person/ firm.

8.2 The FSPs shall treat all documents / data / software or part of them, which BSNL may provide or the FSP shall access, as strictly confidential and maintain secrecy for the same.

8.3 The FSP shall maintain full confidentiality of the data supplied by BSNL. Under no circumstances the FSP shall divulge/reveal/share such data for the purpose other than for meeting BSNL’s requirement. Any violation of this confidentiality clause may result in suitable penalty and /or termination of the contract, forfeiture of SD/ encashment of PBG. BSNL shall reserve the right to black-list the FSP on all India basis. The decision of BSNL shall be final in this regard and binding on the FSP.

8.4 The FSP shall not publish, disclose any information about, make available or otherwise dispose of the document / data / software or any part or parts thereof to any third party, directly or indirectly without prior written consent of BSNL.

8.5 The FSP shall restrict access to the documents/data/software only to those of their employees to whom it will be felt necessary and relevant for the contact centre operations and shall draw the provision of this commitment to BSNL made by the FSP, to the personal attention of those of its employees to whom access to the document/data/software will be granted.

8.6 BSNL may terminate the registration and contract, in case confidentiality as above is not maintained by the FSP.

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Annexure - I Provisioning & Maintenance Philosophy

1. Introduction: 1.1. The FTTH, FTTB, DSLAM, RF etc., services are targeted for premium class high ARPU customers who seek good quality of services and superior uptimes. These customers are at the fore-front in adopting new technologies; hence their appetite for better bandwidths is higher. Today professionals are connected on internet, and they perform significant of their activities / work on the internet. 1.2. The customers of such class demand always-on service and good customer facilitation from the Service provider. To offer such services, BSNL is using the EOI to select FSPs for operation and maintenance of FTTH service on revenue share basis. 2. Marketing of Services 2.1. The FSP shall carry out door to door campaigning with the customers for subscription for Voice/Data/Leased Line and VAS services. Customer need to be explained about the benefits of the Fiber based voice and broadband service. The customer segment targeted for Fiber Broad Band services are active customers hence their time is precious. FSP need to meet the customer at his / her convenient time for booking of the services. 2.2. Awareness generation is an important element of marketing the service. FSP need to explain the various applications that can work on it. Customer need to be apprised of new services that would help his day to day work, offer education and entertainment. 2.3. FSP needs to help customer in making informed decision on plan selection. The benefits of Higher speed plans vis-à-vis customer needs to be analyzed and explained so that customer appreciates the value they derive. With proper canvassing and counseling FSP can aim for up selling the services. It may be ensured that customer is made aware of all the tariff plans BSNL offers, educate the customers on superior features & advantages of BSNL’s plan vis-à-vis competitor’s plans and also accept booking of any plan he prefers. 2.4. FSP can explore innovative ideas like conducting camps on weekend, demonstration of high end services etc., to the occupants of the project and give them live, visual experience of the services and end applications. 3. Order Fulfillment 3.1. The occupancy in green field apartments would be incremental and would take couple of months to reach significant numbers. The FSP needs to ensure that right from the beginning of the first occupation, the customer booking is done and the services are offered to the customers. For this purpose the FSP need to maintain cordial relation with the Builder / Maintenance agency / Association so that the prospective occupants list is known a week ahead of actual occupation. 3.2. FSP need to terminate the drop fiber at customer premises in the location of his choice and install the ONT/CPE. The ONT/CPE preferably to be fixed firmly on the wall so that it is not disturbed on day to day basis.

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3.3. For handling the order provisioning, complaint attending and for testing it is necessary that FSP personnel deployed at the site needs to have Laptop with Data- card facility, the personnel also to be provided with mobile phone for contact. FSP needs to login to BSNL Order booking system via internet and feed the customer details in BSNL Order booking system. 3.4. The telephone number allotment, broadband creation etc., would be shown in the Order booking system which FSP needs to monitor and update accordingly. 3.5. In the event customer has opted for any value added service like IPTV, Games on Demand etc., FSP may also inform and co-ordinate with BSNL/concerned content providers for service provision. 4. Fault Reporting Mechanism: 4.1. The Voice and BB services need to be maintained with very high uptime. FSP need to resolve any problem / complaint related within the project within short time so that customer delight is maintained. 4.2. The customer can call the complaint number 1500/198 or any other number which BSNL allots for Fiber BB service. The calls received are booked in the BSNL IT system. Further testing of these faults is carried out at Help desk to segregate the fault.

4.3. BSNL Help desk would carry out testing using the EMS to segregate the fault. If fault is found in the backbone network concerned BSNL transmission maintenance team would be informed. In case fault is found to be within the Apartment/Campus/Complex/customer premises, or customer complaint is specific to service / performance issue, the fault would be assigned to the FSP with time stamp of making over of fault to FSP. 4.4. FSP shall also maintain a call centre, wherein customers may also report the complaint. Call center of FSP also shall input the complaint into BSNL FRS IT system and attend the fault pro-actively, if the same is in FSP lead-in cable/customer premises or due to reasons within the control of FSP. All complaints received by FSP directly needs to be logged in BSNL FRS system necessarily. 4.5. All the complaints received either directly or made-over through BSNL system need to be cleared within the stipulated time period as given in the document. Any delays in clearance would invite penalties. 4.6. FSP will keep a record of number of faults and rectification reports in respect of the service, which will be produced before BSNL as and when and in whatever form desired. 4.7. The number of personnel required to operate & maintain the FTTH, FTTB, DSLAM, RF etc ., services as per SLA is to be decided by the FSP, however, it is suggested that FSP may deploy his personnel and man the complexes where number of apartments / residences are about 500 or more. 4.8. FSP need to equip his personnel with required tools, testers etc., so that they would carry out the work within stipulated timelines in professional manner. 4.9. FSP need to maintain buffer stock of spares like ONT, Power Pack, Telephone Instruments, Drop fiber etc., ., with him so that fault are cleared faster. For BSNL

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supplied items, the permissible spare quantity would be decided by BSNL in consultation with FSP from time to time. 4.10. The faulty items along with fault description need to be exchanged with BSNL official on monthly basis 5. Work-day and Working hours 5.1. Work Day: All seven days of a week (including Sunday) would be considered as work day, All days of the year including National Holidays would be considered as work day. Work Hours: The normal work hours would be considered as 8 AM to 10 PM.

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SECTION – 4

GENERAL INSTRUCTION TO APPLICANT FSPS

A. INTRODUCTION

1. DEFINITIONS:

(a) “The FSP” means the individual or firm (i.e., Builders /RWAs / Telecom Infra providers and firms) who participates in this EOI and submits its application. The FSP has also been referred as supplier at some places in this EOI document.

(b) “Contract Agreement” means agreement between BSNL and Applicant FSP.

(c) “FSP” means “Fiber BB Services Partner” and is the successful FSP(s) who has been awarded the work.

(d) “Telecom Service Provider” means any Telecom operator in India, who is licensed by the Department of Telecommunications (DOT), Government of India to provide telecom services to the general public or to the other DOT licensed Telecom operators.

(e) “The Advance Work Order” means intention of BSNL to place Work Order on the eligible FSP.

(f) “The Work Order” means the order placed by the BSNL on the registered FSP signed by the BSNL including all attachments and appendices thereto and all documents incorporated by reference therein. The work order shall be deemed as “Contract” appearing in the document.

(g) CPE means Customer Premise Equipment, consisting of FTTH ONT/Routers/WiFi CPE / xDSL modem, Splitter or any other equipment installed at customer’s premises for enabling Broadband access.

(h) DOT means the Department of Telecommunications.

(i) Party or parties: BSNL, Applicant FSP Company, is referred to as ‘Party’.

(j) SSA: SSA means Secondary Switching Area as defined by BSNL.

(k) Tariff means Charges payable by the subscriber for the service provided.

(l) Telecom Circle means the geographical area of the BSNL circle providing the Basic Telecommunication Services as defined by BSNL.

(m) FTTH equipment: ONTs, Splitters, Power back up and all other customers end accessories.

(n) TRAI means Telecom Regulatory Authority of India established under the TRAI Act, 1997

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2. ELIGIBILITY CRITERIA: As per Clause 3 of Detailed NIT (Section 1).

3. COST OF the EOI Application

3.1. The Applicant FSP shall bear all costs associated with the preparation and submission of the EoI document. BSNL will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the EOI process.

The service and setup required from the Applicant FSP, submission procedures and contract terms and conditions are prescribed in the EoI Documents. The contents of the EoI documents are specified in the covering letter.

3.2. The Applicant FSP is expected to examine all instructions, forms, terms and specifications in the EoI Documents. Failure to furnish all information required as per the EoI Documents or submission of the EoI document not substantially responsive in every respect will be at the Applicant FSP’s risk and may result in rejection of the request for enrollment.

4. CLARIFICATION OF EoI DOCUMENTS

4.1. A prospective Applicant FSP, requiring any clarification on the EoI Documents shall submit his queries to the BSNL in writing and by Email to the BSNL’s mailing address indicated in the invitation of EoI. Copies of the query (without identifying the source) and clarifications by the BSNL shall be uploaded as Clarifications to the concerned EOI on BSNL TN circle website & on ETS portal, as addenda, for all the prospective Applicant FSPs who have downloaded the official copy of EOI documents from ETS portal.

4.2. Any clarification issued by BSNL in response to query raised by prospective Applicant FSPs shall form an integral part of EoI documents and it shall amount to an amendment of relevant clauses of the EoI documents.

4.3. The format in which the clarifications are to be sent via FAX / E-mail (in MS-Excel sheets only) is

S. Section Clause Ref Page Brief Query/ No. No. No in EoI Description of Comments of the clause Applicant FSP

The clarification required may be sent to the FAX number 0413-231381 or by mail to [email protected] in the above format.

5. AMENDMENT OF EoI DOCUMENTS

5.1. At any time, prior to the date of submission of EoI, BSNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Applicant FSP, modify EoI documents by amendments.

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5.2. The amendments shall be notified in writing through EOI Intranet portal to all prospective Applicant FSPs on the address intimated at the time of purchase of the EoI document from BSNL and these amendments will be binding on them.

C PREPARATION OF EoI application

6. DOCUMENTS COMPRISING THE EoI application

The EoI application prepared by the Applicant FSP shall ensure availability of the following components:

(a) Documentary evidence establishing that the Applicant FSP is eligible to apply for enrollment and is qualified to perform the contract if its EoI is accepted in accordance with the clause 3 of section 1 & clause 7 of section 4.

(b) A Clause by Clause compliance as per clause 11

7. DOCUMENTS ESTABLISHING APPLICANT FSP’S ELIGIBILITY AND QUALIFICATION

7.1. Company is required to furnish the following documents in additions to other required documents as per EOI document:

i) Power of Attorney & authorization for executing the power of Attorney as per clause 8.3. ii) Undertaking duly signed by front applicant FSP and its technology/ consortium partner stating that both of them shall be liable for due performance of the contract jointly and severally as per Section 7(B).

7.2. Documentary evidence for financial and technical capability

(a) The applicant FSP shall furnish audited Annual Report and /or a certificate from its bankers / chartered accountant to assess its solvency/financial capability.

(b) The applicant FSP shall furnish documentary evidence about technical and production capability necessary to perform the contract.

8. FORMAT AND SIGNING OF EoI Agreement

8.1. The applicant FSP shall submit his/her EOI Application, complying all eligibility conditions, other terms and conditions of EoI document to be read along with the clarifications and amendments issued in this respect.

8.2. The EoI shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the applicant FSP in which case such corrections shall be signed by the person or persons signing the EoI. All pages of the original EoI, except for un-amended printed literatures, shall be digitally signed by the person or persons signing the EOI Document.

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8.3. Power of attorney –

(i) The Power of Attorney shall be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the respective states(s) and the same be attested by a Notary public or registered before Sub-Registrar of the states(s) concerned.

(ii) The Power of Attorney is executed by a person who has been authorized by the Board of Directors of the Applicant FSP in this regard, on behalf of the Company/Institution/Body Corporate.

(iii) In case of the Applicant FSP being a firm, the said Power of Attorney shall be executed by all the Applicant FSP(s) in favour of the said Attorney.

(iv) Attestation of the specimen signatures of such authorized signatory of the EoI by the Company’s/ firm’s bankers shall be furnished. Name, designation, Phone number, mobile number, email address and postal address of the authorized signatory shall be provided.

D. SUBMISSION OF EoI

9. SEALING AND MARKING OF EoI application:

The envelope shall contain documents of applicant FSP satisfying the eligibility / Technical & commercial conditions requirements as per section 8 A & B duly superscribing “EOI for Rollout, Operation and Maintenance of Voice & high speed Broadband Services through last mile access technologies like FTTH, FTTB, DSLAM, RF etc., on Revenue Share Basis in the jurisdiction of Cuddalore SSA” and shall be addressed to the Asst. General Manager (NWP-CFA), O/o GM, BSNL, Cuddalore- 607001. The EoI application shall be handed over in person to the AGM (NWP-CFA), O/o GM, BSNL, Hospital Road, Cuddalore between 10.00 am to 05.00 pm on all working days.

10. MODIFICATION AND WITHDRAWAL OF EoI application

10.1. The Applicant FSP cannot modify, revise or withdraw his/her EoI once submitted. If an EoI is withdrawn, the same shall be archived

10.2. No EoI shall be allowed for modification subsequent to submission of EoI application.

E. EoI application OPENING AND EVALUATION

11. OPENING OF EoI application

11.1. The BSNL shall open EoI applications and evaluate for its techno economic responsiveness and register the eligible applicant FSP as successful FSP.

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12. CLARIFICATION OF EOI Application

12.1. To assist in the examination, evaluation and comparison of EoI applications, the BSNL may, at its discretion ask the Applicant FSP for the clarification of its EoI application. The request for the clarification and the response shall be in on line or writing. However, no post EOI clarification at the initiative of the Applicant FSP shall be entertained.

12.2. If any of the documents, required to be submitted along with the EOI application is found wanting, the offer is liable to be rejected at that stage. However the purchaser at its discretion may call for any clarification regarding the EOI document within a stipulated time period. In case of non-compliance to such queries, the bid is liable to be rejected without entertaining further correspondence in this regard.

13. EVALUATION

13.1. In the first stage of evaluation, BSNL shall evaluate the proposals to determine whether they are complete and whether the documents have been properly signed and whether the proposals are generally in order.

13.2. BSNL shall determine the substantive responsiveness of each of the technical and commercial proposals to the requirements of the EOI document. A substantively responsive proposal is one which conforms to all technical specifications and commercial terms and conditions of the EOI document without material deviation/exceptions. The BSNL’s determination of proposal’s responsiveness shall be based on the contents of the proposal itself without recourse to extrinsic evidence.

13.3. An EoI application, determined as substantially non-responsive will be rejected by the BSNL and shall not after the EoI processing be made responsive by the Applicant FSP by correction of the non-conformity.

13.4. The BSNL may waive any minor infirmity or non-conformity or irregularity in an EoI which doesn’t constitute a material deviation, provided such waiver doesn’t prejudice the establishment of techno-commercial parity among the proposals.

13.5. During the evaluation, BSNL at its discretion may call upon the Applicant FSP to give a techno-commercial presentation of its offer, to explain the solution offered its capability to undertake the project and to respond to any question from BSNL.

13.6. All the technically qualified applicants will be empanelled as FSPs of BSNL, Cuddalore.

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14. CONTACTING THE BSNL

14.1. Subject to Clause 19, no Applicant FSP shall try to influence the BSNL on any matter relating to its EOI, from the time of the EOI opening till the time the contract is awarded.

14.2. Any effort by a Applicant FSP to modify his/her EoI or influence the BSNL in the Leaser’s evaluation, comparison or contract award decision shall result in the rejection of the EOI application.

F AWARD OF CONTRACT

15. BSNL’S RIGHT TO ACCEPT ANY EoI application AND TO REJECT ANY OR ALL EoI application

The BSNL reserves the right to accept or reject any EoI application, and to annul the enrolment process and reject all EoI application, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected Applicant FSP or Applicant FSPs on the grounds of Leaser’s action.

16. ISSUE OF Advance Work Order (AWO)

16.1. The issue of an Advance Work Order shall constitute the intention of the Purchaser to enter into contract with the successful FSP.

16.2. The successful FSP shall within 14 days of issue of the advance work order, give its acceptance along with performance security and agreement in conformity with the proforma provided with the EoI document at Section-7A and section-9 respectively.

16.3. To start with, AWO for one proposal will be awarded.

16.4. The subsequent proposal will be considered based on the performance (50% of Minimum Target) of the previous work orders

16.5. BSNL reserves the right to award the area to more than one eligible FSP.

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17. AWARD OF FINAL WORK ORDER

17.1. The issue of WO (Work Order) shall constitute the award of contract on the eligible and enrolled FSP.

17.2. Services should be rollout within 30 days from the date of final work order , failing which the PBG will be forfeited .

18. Rollout Clause

18.1. In case of delay in roll out of the services , the FSP shall apply to GM,BSNL for extension of time . The GM ,BSNL,Cuddalore reserves the right to accept the request for the extension of time , if he satisfied with the reason submitted by the FSP.

19. ANNULMENT OF AWARD

19.1. Failure of the successful FSP to comply with the requirement of clause 16 shall constitute sufficient ground for the annulment of the award and the forfeiture of the EoI security in which event the BSNL may make the award to any other Applicant FSP or call for new application.

19.2. Before outright rejection of the EoI application for non-compliance of any of the provisions mentioned in clause 20 of Section 4, 7 of Section- 4 and Clause 4 of Section 1, though, the Applicant FSP company is given opportunity to explain their position. EoI processing team will not return the EoI documents submitted by the Applicant FSPs even if it is liable for rejection and will archive the unopened EoI.

19.3. BSNL reserves the right to bar the applicant FSP from participating in future tenders/EOIs/ RFPs of BSNL for a period of two years in case he/she fails to honour its EoI application without sufficient grounds.

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20. Near Relationship certificate

20.1. The Applicant FSP should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the EOI.

In case of proprietorship firm, certificate will be given by the proprietor. For partnership firm, certificate will be given by all the partners. In case of Limited Company, certificate will be given by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the EoI will be cancelled and EOI Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. 20.2. The company or firm or the person will also be debarred for further participation in the concerned unit.

20.3. The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife (daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law). 20.4. Please refer to the Performa enclosed in Section 6(B).

21. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The Applicant FSP will verify the genuineness and correctness of all documents and certificates, including experience/performance certificates, issued either by the Applicant FSP or any other firm / associate before submitting them in the EoI Document. The onus of proving genuineness of the submitted documents would rest with the Applicant FSP.

As per requirement of the EOI’s conditions, if any document / paper / certificate submitted by the participant Applicant FSP is found to be false / fabricated / tempered / manipulated at any stage during EOI evaluation or award of contract, then the EOI security (EMBG) of the Applicant FSP would be forfeited and the Applicant FSP would be disqualified from the EOI. Action would also be taken for banning of business dealing with the defaulting firm. In case contract has already awarded to the Applicant FSP, then PBG would be forfeited and the contract would be rescind / annulled and BSNL would be at liberty to procure the ordered goods and services from any other source at the risk and cost of the defaulting Applicant

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FSP. Action would also be taken for banning business dealing with the defaulting firm.

To obviate any possibility of doubt and dispute and maintain veracity of the documents / papers / certificates, the documents conforming to eligibility part along with EMBG (EoI security) of requisite amount will be submitted by the participant Applicant FSP duly authenticated by the authorized signatory and will be checked at the time of EOI opening. This bid part (already digitally signed by the authorized representative of the Applicant FSP Company during EoI submission) will be digitally signed by the in charge of the EOI opening team and will be kept preserved along with the EoI submitted online. In case of any dispute these papers will be treated as authentic one”.

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SECTION 5

General Commercial Conditions of Contract.

1. INTELLECTUAL PROPERTY RIGHTS/ COPYRIGHTS/Patent rights

The services to be offered to the customers under this agreement shall be provided under the brand name of BSNL. However, the FSP shall be solely responsible for the Intellectual Property Rights/ copyright and lawfulness of the services offered on part of FSP and compliance to all applicable rules and laws of Govt. applicable from time to time. FSP shall indemnify BSNL for the same. Under no circumstances, BSNL shall have the responsibility for any liability arising on account of the same. The applicant FSP shall indemnify the purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network

2. Performance Bank Guarantee (PBG)

2.1. Successful Applicant FSPs shall furnish a Performance Bank Guarantee (PBG) of INR 50,000 (One Fifty thousand only) with an initial validity period of minimum 54 Months. The PBG shall be extended beyond 54 Months well in time in case of extension . The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in section 7 (A) of this EoI Document.

2.2. In case a EOI is submitted by applicant FSP in consortium, Consortium partner shall also have to furnish separate Performance Bank Guarantees (PBGs), for an amount equal to 50% of the value of Performance Bank Guarantee (PBG) submitted by the lead applicant FSP, as mentioned in the table above, with the same validity period.

2.3. The proceeds of Performance Bank guarantee shall be payable to BSNL as compensation for any loss resulting from the FSP’s failure to complete its obligation under the contract. BSNL shall en-cash the PBG in the event of breach or failure to perform/meet the obligations on the part of FSP/Lead FSP without prejudice to any other rights/remedies available to BSNL.

2.4. The FSP shall ensure that performance bank guarantee (PBG) is send to the BSNL directly by the issuing bank under Registered Post (A.D). In exceptional circumstances where the PBG is submitted by the FSP to the BSNL, the FSP shall ensure that an unstamped duplicate copy of the PBG is sent immediately by the bank direct to BSNL by Registered Post (A.D).

3. Penalty

3.1 Rollout Penalty : Services should be rollout within 30 days from the date of final work order , failing which the PBG will be forfeited . 3.2 Target Penalty : A minimum of 100 FTTH Connections has to be provided within a period of one Year . If the FSP fails to achieve the target connections, a penalty for

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non achievement of the target for less than 50% of the target per year will be Rs.600 x no. of connections fell short of 50% of the target.

3.3 Provision Penalty : The booked connections has to be provisioned and completed in all respects with due acknowledgement in the prescribed format from the customer within 7 working days from the date of issue of work order failing which will attract a penalty of Rs. 30 per day of delay or part thereof.

3.4 Maintenance Penalty: The following penalties shall be levied on the FSP (FTTH BB Service Partner) for delay in failure/ disruption of the services offered and also delay in fault restoration. These penalties shall be applicable only if the delay, failure / disruption is due to the fault within the Project premises which is under O&M scope of FSP. FSP shall not be penalized if the failure is due to external plant, cable cut, etc., in BSNL portion. The penalties shall be calculated by the designated BSNL office on a monthly basis.

Penalty for delay in restoration of - Faults

S. Nature of Duration of Fault Penalty No. fault Amount

1 Non – No penalty availability 24 hours from reporting of fault services to

Individual Customer Beyond 24 hours Rs.30/-per connection per day or part thereof

2 Non – 4 hours from reporting of fault availability No Penalty services to #Bulk Beyond 4 hours Rs.30/-per Customer connection per day or part thereof #Faults will be viewed as bulk fault when occurring to a group customers under an aggregation point.

3.5 Settlement of penalty for 3.4, above shall be done on monthly basis.

3.6 Reasons beyond the control of FSP such as customer premises closed etc., shall be given due consideration while imposing penalties

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4 COMERCIAL AND PAYMENT TERMS (Revenue Collection and Sharing)

4.1 The minimum limit of revenue share payable to FSPs (Builders/RWAs/TIPs) will be 40%. And after achieving the provision of first 50 FTTH connections an additional 2% increase in revenue share will be payable to FSPs (Builders/RWAs/TIPs) (i.e. 42%). An addition of 2% increase in revenue share will be given to FSPs (Builders/RWAs/TIPs) on achievement of provision of every 50 connections thereafter subject to a maximum limit of 50%.

4.2 For leased line and value added services (VAS, which are being offered by BSNL in partnership with other VAS providers ) FSP shall get a revenue share equal to 20% of his agreed share of revenue for Voice & Broadband services (net of all statutory taxes and levies like License Fee, service Tax etc.) in respective agreement . [Illustration : of revenue share of VAS Service to FSP. Suppose X%, is the agreed revenue share for FSP, then the revenue share that can be paid for leased line and VAS Service for is 20% of X%.]

4.3 All services over FTTH, FTTB, DSLAM, RF etc., shall be offered by BSNL in the brand name of BSNL and accordingly BSNL shall raise the invoices for services availed by customers. FSP shall not charge the Subscriber directly for any service being delivered by BSNL over FTTH, FTTB, DSLAM, RF etc.,

4.4 BSNL shall collect the revenue from subscribers through various channels. Normally, the FTTH, FTTB, DSLAM, RF etc., bills will be sent through post/e-mail. FSP may also be required to deliver FTTH, FTTB, DSLAM, RF etc ., bills to the customers where the FSP is responsible for rollout. This will be done only if BSNL deems it necessary to use the services of FSP for this purpose. However, the FSP will take all steps to assist the BSNL in collecting the amount due from the customer. There will be no separate charges payable by BSNL for these services.

4.5 Revenue share is applicable on the overall realized revenue (including FMC & usage) net off all statutory levies like License fee, GST etc., .. Revenue share payment shall be done by BSNL to FSP on monthly basis as mentioned above on the FTTH connections provisioned and maintained by FSP.

4.6 BSNL shall not pay any revenue share out of security deposit/ other one-time charges received from the customers.

4.7 All applicable taxes and various Government levies, License fee (if any) shall be deducted first from the revenues realized on account of services availed by the customers.

4.8 As part of BSNL comprehensive offering to a project, BSNL may provide few rent-free telephone lines, few Smart PCO lines, install signal boosters etc., ., These services needs provision of FTTH line along with ONT. FSP shall install and provision such line request. It may be noted that there will not be any revenue share payments to FSP on such facilities.

4.9 Rebates and compensation given by courts due to service deficiency, if any, to the

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customers shall be deducted from the gross revenue before the Revenue Share of FSP is calculated.

4.10 Any discrepancy found in the revenue share settlement shall be mutually discussed and resolved. Balance of payments arising due to any reason shall be adjusted in future.

5 Exit clause

5.1 Duration of contract is 4 years from the date of award of work. After 4 years also, the contract can be extended on year to year basis at the liberty of BSNL on mutually negotiated terms and conditions including commercials.

i) The terms and conditions of the contract shall come into effect from the date of award of work, and will remain valid up to a period of 4 (four) years unless and until terminated by either Party by providing a written notice of termination not less than three months prior to the intended termination date.

ii) Contract shall have a lock-in period of three (3) years, starting from date of award of work. Applicant FSP can serve the notice of termination only after completion of three years of contract (lock in period) starting from date of award of work.

iii) In case applicant FSP exits before 3 years i.e during lock in period from the date of award of work, then it shall carry a penalty in the form of surrender of all equipments, accessories including MDF, Runways, Pipes, support structures, OF cables, Fibre wiring, Ethernet cable etc., and transfer of ownership to BSNL at zero cost and also forfeiture of PBG. In case of exit after lock-in period of 3 years, PBG shall not be forfeited but ownership of such asset of FSP shall be transferred to BSNL at zero cost.

iv) BSNL reserves the right to terminate the agreement, at any time due to change in its own license conditions or upon directions from the DOT/ Government of India. In such a situation, BSNL shall not be responsible for any damage or loss caused or arisen out of aforesaid action.

v) On termination or expiry of the Agreement, the BG shall be released to FSP only after ensuring clearance of dues, if any, which FSP is liable to pay to BSNL. In case of failure of FSP to pay the amounts due to BSNL, the outstanding amounts shall be realized through encashment of the Bank Guarantee without prejudice to any other action(s) for recovery of the amounts due to BSNL

vi) No penalty / damages / compensation shall be payable by either party before expiry of agreement period, if exit is made under the following circumstances:

a) The order of any Government (Central/State) or any statutory body b) In Force Majeure event

vii) Notwithstanding any other rights and remedies provided elsewhere in the agreement, upon termination of this agreement:

a. Neither Party shall represent the Other Party in any of its dealings.

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b. Neither Party shall intentionally nor otherwise commit any act(s) as shall make a third party to believe that the other Party is still the former Party’s partner. c. Each party shall stop using the other Party’s name, trade mark, etc ., in any audio or visual form. d. Transfer of ownership of assets installed by the FSP to BSNL at zero cost 6 SUBCONTRACTS

6.1 The FSP shall notify BSNL in writing of all subcontracts awarded under these contracts if not already specified in his/her EOI application. Such notification, in his/her original EoI or later shall not relieve the supplier from any liability or obligation under the contract.

7 FORCE MAJEURE

7.1 If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage , fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of BSNL as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.

7.2 Provided, also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from the Supplier at a price to be fixed by BSNL, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as BSNL may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of BSNL elect to retain

8 Termination of contract due to non-performance (default)

8.1 BSNL may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Applicant FSP, terminate this contract in whole or in part under any of the following circumstances:

a) If the Applicant FSP fails to perform any other obligation(s) under the Contract; and

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b) Breach of non-fulfilment of Agreement conditions may come to the notice of BSNL through complaints or as a result of the regular monitoring. Wherever considered appropriate BSNL may conduct an inquiry either suo-moto or on complaint to determine whether there has been any breach in compliance of the terms and conditions of the agreement by FSP. FSP shall extend all reasonable facilities and shall endeavour to remove the hindrance of every type upon such inquiry

c) If the Applicant FSP, in either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as BSNL may authorize in writing) after receipt of the default notice from the BSNL.

8.2 In the event the BSNL terminates the contract in part, the Applicant FSP shall continue the performance of the contract to the extent not terminated.

9 TERMINATION FOR INSOLVENCY

BSNL may at any time terminate the Contract by giving written notice to the Applicant FSP, without compensation to the Applicant FSP. If the Applicant FSP becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination shall not prejudice or affect any right of action or remedy which has accrued or shall accrue thereafter to BSNL.

10 ARBITRATION

“Except as otherwise provided elsewhere in the contract, in the event of any disputes, controversy, or differences arising out of or relating to this agreement, or the breach, termination or invalidity thereof between parties, such party or parties shall make to the other party or parties to amicably settle the differences or disputes and parties shall thereupon make every effort to settle the same amicably within a period of 60 (sixty) days from the date of making such request.

Where the parties are unable to settle the disputes through conciliation, the same shall be referred to the authority in BSNL CGM, as the case may be) for referral of such disputes to sole arbitrator (chose (n) from the names provided by BSNL), to be mutually decided by the parties, as per the provisions of Arbitration and Conciliation Act, 1996, any amendment thereof, and any notification issued or rules made there under from time to time. The venue of the Arbitration proceeding shall be Cuddalore only.”

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11 SET OFF

Any sum of money due and payable to the Applicant FSP (including security deposit refundable to him) under this contract may be appropriated by the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the Applicant FSP with the BSNL or such other person(s) contracting through the BSNL.

12 Indemnification:

12.1 Applicant FSP shall indemnify BSNL against any third party claim for carriage/ termination or any other charges that may be payable for this traffic.

12.2 In case of any claims by any third party towards licensing or otherwise for the products provided by the Applicant FSP, it will be the sole responsibility of the Applicant FSP to settle such claims. Under no circumstance, BSNL will have any liability for any such claim.

12.3 Since the service over Fibre BB shall be extended under BSNL license granted by DOT, Applicant FSP will ensure that there is no breach of license conditions and indemnify BSNL for damages both for financial and otherwise, arising out of any breach of the licensing condition.

12.4 Applicant FSP, as a provider of services over Fibre BB on behalf of BSNL, will abide by all the regulatory, statutory and licensing norms without any violation.

13 COURT JURISDICTION:

(i) Any dispute arising out of the EOI/bid document/evaluation of bids/issue of acceptance letter shall be subject to jurisdiction of the competent court at the place from where the NIT/EOI has been issued.

(ii) Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the Competent Court at the place from where Contract/PO has been issued. Accordingly ,a stipulation shall be made in the contract as under:

‘This Contract/PO is subject to jurisdiction of Court at Cuddalore only”.

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Section-6(A)

Undertaking and Declaration For understanding the terms & condition of EoI & Spec. of work a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the EoI documents & offer to execute the work at the rates quoted by us in the EoI form.

2. If I/ We fail to enter into the agreement & commence the work in time, the PBG submitted by us will stand forfeited to the BSNL. b) The EoI participant hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the EoI offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time, BSNL reserves the right to debar our EoI offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future tenders.

Date: …………… ………………………………… Signature of EoI Participant

Place: …………… Name of EOI Participant……………………………. Along with date & Seal

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Section 6 (B)

NEAR-RELATIONSHIP CERTIFICATE

(Format of the Certificate to be given as per the clause 21 of Section-4 by the pplicant FSP in respect of status of employment of his/ her near relation in BSNL)

The format of the certificate to be given is "I……………………………..s/o /r/o…………………………...hereby certify that none of my relative(s) as defined in the EoI document is/are employed in BSNL unit as per details given in EoI document. In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me."

Signature of the Applicant FSP With date and seal

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Section-7(A)

For the Performance Guarantee (To be typed on Rs.100/- non-judicial stamp paper) Dated:…………….. Sub: Performance guarantee.

Whereas GM, BSNL, Cuddalore (here after referred to as BSNL) has issued an APO no. …………..………. Dated ……/……/2017 awarding the work of …………… …… … ………………………………….. to M/s …………………..…………………………… R/o ………………………………………………………………… (hereafter referred to as “Applicant FSP”) and BSNL has asked him to submit a performance guarantee in favour of GM BSNL Cuddalore of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”) Now at the request of the Applicant FSP, We ……………………………………… Bank …………………………Branch having ……………………..…………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Applicant FSP has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Applicant FSP to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Applicant FSP had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Applicant FSP and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date. 5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Applicant FSP and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Applicant FSP or through any forbearance, act or omission on the part of BSNL or any indulgence by

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BSNL to Applicant FSP or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 6. Notwithstanding anything herein contained ; (a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in force up to its Validity date. (b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date. 7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “ Accounts Officer (Cash), O/o GM, BSNL, Cuddalore ” payable at Cuddalore.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank Authorized Power of Attorney Number: ………………. Name of the Bank officer: …………………………….. Designation: …………………………………… Complete Postal address of Bank: …………………… ……………………………………………………………… Telephone Numbers …………………………….. Fax numbers ………………………………

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Section 7 (B)

Consortium Agreement (On non-judicial stamp paper of appropriate value)

In compliance to Clause No. …..of EOI No. dated , a consortium has been formed on between and various technology providers to meet various eligibility criteria specified in the EOI under reference. It has been agreed amongst all the consortium members that is designated to submit the Bid on behalf of this consortium and henceforth called as Bidder. It is also confirmed that all the members of the said consortium meet the eligibility conditions as specified in the above referred EOI and have authorized the lead bidder by way of duly executed power of attorney in his favour to act on their behalf (“Lead bidder” and “bidder” has been used interchangeably).

It has also been agreed that the in its capacity as Bidder, shall interact with BSNL for all obligations,

Consortium partner shall also have to furnish separate Performance Bank Guarantees (PBGs), for an amount equal to 50% of the value of Performance Bank Guarantee (PBG) submitted by the lead bidder, as mentioned in the table above, with the same validity period.

The Lead bidder and its technology/consortium partner shall be liable for due performance of the contract jointly and severally, whereas the responsibility of Consortium Partners other than lead bidder, shall be limited to such Consortium Partner’s share of obligations in the contract for products and /or services as defined in the agreements signed between the Lead Bidder and Consortium Partner and in accordance with the proposal submitted by the Consortium Partner to the Lead Bidder. Copies of all such agreements shall form part of the consortium agreement.

The details of Bidder and various and consortium partners are as under:- :-

:-
: : : IN WITNESS WHEREOF the parties have caused this AGREEMENT to be executed by their duly authorized officers as of the day first above written For For Signature of Authorized Signatory Signature of Authorized Signatory Name:- Name:- Designation:- Designation:- Contact Phone:- Contact Phone:- Email-ID:- Email-ID:- Date:- Date:- Witness-1 Witness-1 Signature:- Signature:-

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Name:- Name:- Designation:- Designation:- Contact Phone:- Contact Phone:- Email-ID:- Email-ID:- Date:- Date:- Witness-1 Witness-1 Signature:- Signature:- Name:- Name:- Designation:- Designation:- Contact Phone:- Contact Phone:- Email-ID:- Email-ID:- Date:- Date:-

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Section-8 A

Applicant FSP’s Profile & Questionnaire (To be filled in and submitted by the Applicant FSP)

A) Applicant FSP’s Profile

1. Name of the Individual/ Firm: ……………………………………………… 2. Present Correspondence Address …………………………..……………… …………..………………………………………………………………………… …………………………..………………………………………………………… Telephone No. …………………………….. Mobile No. ………………………... FAX No. ………………………………………………………Email ………… 3. Address of place of Works/ Manufacture ……….…………….………………………………………………. ………………… ………………….……………………………………………………………………… Telephone No....……………………….. Mobile No.……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.: S. No. Name Father’s Name Designation 1.

2.

3.

6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in which he is authorized (in case of partnership/ private Ltd company): …………………………………………………………………………………………………………………………………..……………… …………………………………………. 7. Permanent Account No. : ………………………………………GST : ………………………. 8. Details of the Applicant FSP’s Bank for effecting e-payments: (a) Beneficiary Bank Name:……………………………… (b) Beneficiary Bank’s branch Name:……………………………. (c) IFSC code of beneficiary Branch…………………….. (d) Beneficiary account No.:………………………………. (e) Branch Serial No. (MICR No.):………………………...

Place…………………. Signature of contractor ……………………… Date …………………. Name of Contractor ……………………………

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Section 8 B PROPOSAL LETTER BY FSP

To, The General Manager Telecom, Bharat Sanchar Nigam Limited, Cuddalore.

Sub: Proposal for BSNL’s backhaul connectivity under revenue share agreement at commercial/residential location.

Dear Sir,

we propose to provide the telecom infrastructure/services for below mentioned locations for providing the telecom voice & data services to the individual customers by utilizing our resources under revenue share basis. We request for BSNL's Connectivity at this prestigious Residential/Commercial Project to provide the BSNL voice & data connections.

The details are as below:

Priority No. Address of Serving Area Anticipated Equipment number of Location connections

Further as discussed we are ready to provide the free space & free electricity for installation of BSNL telecom terminal equipment’s. The NOC addressed to BSNL from the builder/society is also attached to process our case under revenue share arrangement. Request for needful on urgent basis.

Thanks & with regards,

Signature of LSP with Name and address: Email-id and M No: Date:

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AGREEMENT FOR PROVIDING Voice & high speed Broadband Services through last mile access technologies like FTTH, FTTB, DSLAM, RF etc., in the jurisdiction of Cuddalore SSA on revenue share basis.

This Agreement entered into on this ______(Date) by and between.

BHARAT SANCHAR NIGAM LIMITED (thereinafter referred as “BSNL”) a company incorporated under the Companies Act 1956 having its Registered Office and Corporate Office at Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi- 110 001, represented by DGM(CFA), on behalf of General Manager, Cuddalore SSA, Hospital Road, Cuddalore,607001.

AND

M/s. ------(thereinafter referred to as “Fibre BB Service Partner (FSP) [i.e]. Individual/Firm/Company/Association of Persons or Body of Individual) registered under Government of ------Department of ------vide ------, having its office at------represented by ------.

WHEREAS BSNL is in the business of providing Basic Telephony Services, Cellular Mobile Telephony Services(CMTS),Internet & Broadband Services and National Long Distance Services(NLDS) in its Licensed areas of operation in the geographical territory on India(Except New Delhi and Mumbai). AND FSP is having an objective of providing solution and assistance to install, support and to maintain BSNL’sVoice and Data services through any of the last mile access technologies like FTTH, FTTB, DSLAM, RF etc.

WHEREAS both parties on revenue share basis have agreed to sign this agreement intending to provide FTTH, FTTB, DSLAM, RF ,etc ., services using ONT/ONU(CPEs)Equipments to be deployed and maintained by FSP along with installation, maintenance, operation and support at Customer Premises.

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NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In consideration of the due observance and performance of all terms and conditions of this agreement, the BSNL and FSP agree to sign this agreement on Non Exclusive on serving area and Revenue Sharing basis to provide the BSNL Voice & Data services.

2. FSP agrees that the infrastructure provided by BSNL, Cuddalore SSA, Circle will be utilized exclusively for BSNL Services only, being offered presently and in future also.

3. All the BB services to BSNL subscribers over any of the last mile access technologies shall be provided under the brand name of BSNL. Invoicing to these customers and revenue collection will be done by BSNL.

4. FSP is responsible for assisting BSNL in rolling out its Voice and Broadband Data services and will support BSNL along in Customer Acquisition, Installation, Operation and Maintenance as per the terms and conditions of the Agreement.

5. FSP shall carry out formalities for Customer Acquisition, assisting customers in filling up of CAF( Customer Acquisition Form) and subscription of BSNL services by customers in a pro-active manner.

6. FSP shall carry out required coordination with BSNL Commercial/ Booking offices for completion of commercial formalities.

7. FSP shall be responsible for installation of OLTs, ONTs (CPEs), Splitters, Extension of Fibre from the splitter, carrying out internal fibre wiring in the Customer Premises as part of FTTH deployment, testing and commissioning of FTTH lines, and accessories including power backups for attending the faults expeditiously etc.

8. The ONTs/ONUs/CPE’s for subscribers whose cabling and wiring so installed by the FSP shall upon installation become an integral part of the basic Telecom and Broadband Network and that of the Services so provided by BSNL. The Provision of such equipment would be within the purview of the services as

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defined under the terms and meanings assigned to them by DoT,TRAI and/or any other Government/statutory body so legislated from time to time.

9. FSP shall assist BSNL in provisioning of the services that are planned to be offered to end customers. BSNL shall extend fibre connectivity up to the OLT/ Network center of FSP

10. The FSP will provide a minimum of 100 FTTH connections within one year from the date of award of work and maintain QoS for all connections as specified by DoT/TRAI.

11. FSP shall execute Performance Bank Guarantee of Rs.50, 000/- (Rupees Fifty Thousand only) which will be valid for 4 years and 6 months, before awarding of the work.

12. This Agreement shall remain in force initially for a period of Four (4) years from the date of this agreement, unless revoked earlier for whatever reasons with a minimum lock in period of 3 years.

13. After 4 Years also, the Agreement/Contract can be extended on year to year basis at the liberty of BSNL on mutually negotiated terms and conditions including commercials. However termination can be effected by either Party by providing a written notice of termination not less than three (3) months prior to the intended termination date which cannot be before the completion of the minimum lock in period of 3 years starting from the date of award of work. Exit before 3 years from the date of award of work will forfeit the bank guarantee, along with surrendering of all equipments, accessories including FDF, OF cable to BSNL at zero cost. In case of exit after lock in period, PBG shall not be forfeited but ownership of asset shall be transferred to BSNL at zero cost.

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A. REVENUE SHARE APPLICABILITY UNDER THIS AGREEMENT

Business model Telecom Infrastructure Provider (TIP) responsible for Supply, Deploy, Own, Operate & Maintain the OLTs,ONTsand all the Telecom Network Infrastructure from their Equipment up to Customer’s Premises.

Revenue Share Telecom Infrastructure BSNL Provider (TIP) [i.e Local Cable TV Operator]”

Minimum 50%; Maximum 50% Maximum 60% Minimum 40%;

The revenue Share shall be applicable on the realized revenue on billed amount excluding taxes and Security Deposits (i.e onetime non-refundable Installation Charge if billed, Rental/ FMC & USAGE).

The minimum limit of revenue share payable to FSP (Builders/RWAs/TIPs) will be 40%. And after achieving the provision of first 50 FTTH connections an additional 2% increase in revenue share will be payable to FSP (Builders/RWAs/TIPs) (i.e. 42%). An addition of 2% increase in revenue share will be given to FSP (Builders/RWAs/TIPs) on achievement of provision of every 50 connections thereafter subject to a maximum limit of 50%.

For leased line and value added services (VAS, which are being offered by BSNL in partnership with other VAS providers ) FSP shall get a revenue share equal to 20% of his agreed share of revenue for Voice & Broadband services (net of all statutory taxes and levies like License Fee, service Tax etc.) in respective agreement

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Illustration of revenue share of VAS Service to FSP : Suppose X%, is the agreed revenue share for FSP, then the revenue share that can be paid for leased line and VAS Service for is 20% of X%.

The increased/added revenue share will be applicable for all the connections from the following month in which the prescribed additional connections achieved. The maximum limit of revenue share payable to FSP (Builders/RWAs/TIPs) at any point of time will be 50% only.

14. BSNL reserves the rights to waive off/decrease/increase installation charges in order to promote FTTH services.

15. Penalty 15.1 Rollout Penalty : Services should be rollout within 30days from the date of final work order , failing which the PBG will be forfeited . 15.2 Target Penalty: A minimum of 100 FTTH Connections has to be provided within a period of one Year. If the FSP fails to achieve the target connections, a penalty for non achievement of the target for less than 50% of the target per year will be Rs.600 x no. of connections fell short of 50% of the target.

15.3 Provision Penalty : The booked connections has to be provisioned and completed in all respects with due acknowledgement in the prescribed format from the customer within 7 working days from the date of issue of work order failing which will attract a penalty of Rs. 30per day of delay.

15.4 Maintenance Penalty :Penalties against the services failures/delays in fault restoration:

The following penalties shall be levied on the FSP for delay in failure/disruption of the services offered and also delay in fault restoration. These penalties shall be applicable only if the delay, failure/disruption is due to the fault within the O&M scope of FSP, the FSP shall not be penalized if the failure is due to external plant, cable cut etc in BSNL Portion. The penalties shall be calculated by BSNL on a monthly basis.

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S. Nature of Duration of Fault Penalty No. fault Amount

1 Non – No penalty availability 24 hours from reporting of fault services to

Individual Customer Beyond 24 hours Rs.30/-per connection per day or part thereof

2 Non – 4 hours from reporting of fault availability No Penalty services to #Bulk Beyond 4 hours Rs.30/-per Customer connection per day or part thereof #Faults will be viewed as bulk fault when occurring to a group customers under an aggregation point.

16. Rebates and compensation given by courts due to service deficiency, if any, to the customers shall be deducted from the gross revenue before the Revenue share of the Telecom Infrastructure Provider (TIP) is calculated.

17. The applicable laws of India as promulgated/modified/amended or replaced from time to time shall govern this Agreement.

18. This Revenue share Agreement shall be subject to the Jurisdiction of the Courts of .

19. This Revenue share Agreement shall not be amended or modified or altered or changed in any manner in writing and duly executed by the authorized representative of each party.

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The payment of revenue share shall be made to the FSP after the deductions of applicable statutory levies which includes license fees payable by BSNL and / or taxes applicable from time to time from the revenues accrued on account of provision of BSNL FTTH services under the agreement. All such taxes/ levies shall be a pass-through item and shall be billed to and collected from the customers and paid to the respective statutory bodies by BSNL except such cases where liabilities arise on account of claims raised by concerned authorities in a post-facto manner, wherein such liability shall be shared in the same ratio as the revenue share for the respective services.

Any discrepancy found, would be mutually discussed and resolved. Balance of Payments arising due to any reason shall be adjusted in future payments by BSNL.

GST w.e.f 01/07/2017 as applicable for all services offered as per GOI rules and same will be implemented in this case also.

20. Sub contract : The TIP shall notify BSNL in writing of all sub contracts awarded under this contract. Such notification in his original letter or later shall not relieve the TIP from any liability or obligation under this agreement.

21. Severability:

28.1) Should TRAI/DoT declare any part of this agreement unenforceable through direction / order/ regulation or if terms of license of BSNL are changed through amendment or order of the Government, both parties will cooperate and take all appropriate steps to amend, modify or alter this agreement.

28.2) This agreement shall be binding upon all respective successors of the parties.

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22. Compliance of laws:

BSNL and Telecom Infrastructure Provider (TIP) shall perform their duties in strict compliance with all applicable laws in India along with rules and regulations of the duly constituted Government authorities in India and shall obtain all licenses, restrictions or other approval if any required by laws in India in connection with all the services to be rendered hereunder.

Further services provided to the customers shall be subject to the Indian Telegraph Act 1885 (and its amendments/successors) TRAI directions and tariff circulars issued by BSNL Corporate Office.

23. Indemnification:

FSP agrees to protect, defend, indemnify and hold harmless BSNL and its employees, officers, directors, agents or representatives room and against any and all liabilities, damages, fines, penalties and costs ( Including legal costs and disbursements) arising from or relating to

a) Any breach of any statue, regulation, direction, orders or standards from any governmental body, agency, telecommunications operator or regulator applicable to such party; or b) Any breach of the terms and conditions in this agreement by the Telecom Infrastructure Provider (TIP) 24. Relationship: Each party understands that it is an independently owned business entity and this agreement does not make it, its employees, associates or agents as employees, agents or legal representatives of the other party for any purpose whatsoever. Neither party has express or implied right or authority to assume or to undertake any obligation in respect of or on behalf of or in the name of the other party or to bind the other party in any manner. In case, any party, its employees, associates or agents hold out as employees, agents or legal representatives of the other party, the former party shall forthwith upon demand make good any/ all loss, cost, damage including consequential loss suffered by the other party on this account.

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25. Arbitration: 25.1) Except as otherwise provided elsewhere in the contract, in the event of any disputes, controversy, or differences arising out of or relating to this agreement, or the breach, termination or invalidity thereof between parties, such party or parties shall make to the other party or parties to amicably settle the differences or disputes and parties shall thereupon make every effort to settle the same amicably within a period of 60(Sixty) days from the date of making such request.

25.2) Where the parties are unable to settle the disputes through conciliation, the same shall be referred to the authority in BSNL. CGM as the case for referral of such disputes to sole arbitrator (chosen from the names provided by BSNL and mutually decided by the parties) as per the provisions of Arbitration and Conciliation Act, 1996, any amendment thereof and any notification issued or rules made there under from time to time.

25.3) The Venue of the Arbitration Proceeding shall be “Jurisdiction of court at Cuddalore” Only.

26. The Agreement is a confidential document. BSNL and FSP will not divulge any part of this Agreement or any other data of BSNL available with the FSP either through oral or written communication or through any other mode to any third party.

27. All terms and conditions of EoI also form part of agreement .

IN WITNESS WHEREOF the Parties hereto have caused this Revenue Share Agreement to be duly executed on the date above written. For BHARAT SANCHAR NIGAM LIMITED For …………………..

Place: Cuddalore Place:Cuddalore Witness Witness

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Annexure-A List of Areas in which BSNL FTTH to be provided by Builders/RWAs/Telecom Infra providers (TIP)/MSOs/LCOs and firms on Revenue Share Basis Details of exchanges in Cuddalore SSA

SDCA EXCHANGE AMMERI CDL-KUMARAPETTAI CDL-NEHRU NAGAR CDL-PORT

CDL-PUDUPALAYAM

CDL-SIPCOT CDL-TIRUPPAPULIYUR CUDDALORE FRIENDS NAGAR CUDDALORE-MAIN KADAMPULIYUR KAMMAPURAM KOZHIPAKKAM KULLANCHAVADI KURINJIPADI MELPATTAMPAKKAM CUDDALORE NADUVEERAPTTU SDCA NELLIKUPPAM NEYVELI TOWNSHIP-MAIN NEYVELI-II NVI-TS-BLOCK-20 PAITHAMPADI PANRUTI PERIAKUPPAM PERPERIYANKUPPAM SATHANKUPPAM THEERTHANAGIRI THIRUTHURAIYUR VADALUR VEERAPERUMANALLUR

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SDCA EXCHANGE AYANGUDI

B.MUTLUR

BHUVANAGIRI

CDM-ANNAMALAI NAGAR

CDM-MAIN

CDM-SAKTHI NAGAR

CDM-TEMPLE RSU

KATTUMANNARKOIL

KILLAI

KOMARATCHI

CHIDAMBARAM LALPET SDCA ORATHUR

PALAYAMKOTTAI

PINNATHUR

PORTONOVO

PUDUCHATRAM

SETHIATHOPE

SRIMUSHNAM

T.NEDUNCHERRI

VALAYAMADEVI

VALLAMPADUGAI

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SDCA EXCHANGE

ARASAMPATTU

CHINNASALEM KADUVANUR KALLAKURICHI

KALLAKURICHI ANNANAGAR KOOTHAKUDI MANMALAI

MOONGILTHURAIPATTU MURARBAD NAGALUR

NAINARPALAYAM POTTIAM PUDUPATTU KAC SDCA PUKKIRAVARI RISHIVANDIYAM SANKARAPURAM

SERAPATTU

SOOLANKURICHI

TAGARAI

THYAGADURGAM VADAKKANANDAL

VADAPONPARAPPI

VELLIMALAI

VIRIYUR

KALAYANALLUR

THATCHUR

KARUNTHALAKURICHI

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SDCA EXCHANGE ADANAPATTU AVANIPUR BRAMMADESAM

KARASANUR

KILIYANUR

KILSEVUR

KOONIMEDU MAILAM MAILAM TEMPLE TNV SDCA MARAKKANAM MURUKERI NADUKUPPAM NEDIMOZHIYANUR OLAKKUR RETTANAI TINDIVANAM TINDIVANAM-JAYAPURAM UPPUVELUR

ALAMPOONDI ANANTHAPURAM AVALURPET GINGEE ILLODU MELMALAYANUR GIE SDCA NALLANPILLAIPETRAL OTTANPATTU PERUVALUR THIRUVAMPATTU VALATHY VALLAM VELLIMEDUPETTAI

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SDCA EXCHANGE ALADI AVATTI AVINANGUDI KARUVEPPILANKURICHI KORAKKAIVADI MANGALAMPET NALLUR VIRUDHACHALAM SDCA

SIRUPPAKKAM

TITAGUDI VEPPUR VRIDHACHALAM VRIDHACHALAM BAZAAR VRIDHACHALAM PERIYAR NAGAR

SDCA EXCHANGE

ANATHUR

CCSM NAGAR ULUNDURPETTAI ELAVANASURKOTTAI SDCA KALAMARUDUR

TIRUNAVALUR

ULUNDURPET

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SDCA EXCHANGE ASOKAPURI ATHANUR ENNAYIRAM

KALPATTU KANAI KANJANUR

KEDAR

MUNDIYAMBAKKAM MUTTATHUR PANCHAMADEVI

PIDAGAM VLU SDCA THENPAIRPUDUPALAYAM THIRUPACHANUR

V.PAGANDAI

VALAVANUR VEEDUR

VIKRAVANDI

VILLUPURAM MAIN VLU ES PURAM VLU RAGHAVANPETTAI

VLU SALAMEDU VLU SG PURAM

ANDRAYANALLUR

ARAKANDANALLUR ARIYALUR

ENATHIMANGALAM

G.ARIYUR KANDACHIPURAM MANALURPET

ARA SDCA MUGAIYUR OTHIYATHUR SITHLINGAMADAM

TAGADI

THIRUKOILUR TIRUVENNAINALLUR VEERAPANDI

VENGUR

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Annexure-B Details of BTSs SITES in Cuddalore SSA

SL.NO SDCA Site Name 1 Arakandanallur Tirupalapandal_IP 2 Arakandanallur Ayandur_IP 3 Arakandanallur Thabovanam_IP 4 Arakandanallur Kuladeepamangalam_IP 5 Arakandanallur Adichanur_Micro_IP 6 Arakandanallur Seerpanandal_NB 7 Arakandanallur Thirukoilure_NB 8 Arakandanallur Arasur VLU_NB 9 Arakandanallur Paranur_NB 10 Arakandanallur Vadagaraithayanur_NB 11 Arakandanallur Arcadu_NB 12 Arakandanallur G.Ariyur_NB 13 Arakandanallur Thirukoilur_GH_NB 14 Arakandanallur Kasbakaranai_NB 15 Arakandanallur T Edaiyar_NB 16 Arakandanallur Nedungampattu_USO 17 Arakandanallur Vadamalaiyanur_USO 18 Chidambaram Komaratchi_IP 19 Chidambaram Agaraalambadi_IP 20 Chidambaram Memanakudi_IP 21 Chidambaram Manjakollai_IP 22 Chidambaram Madhalirmanickam_IP 23 Chidambaram Veyyalure_IP 24 Chidambaram Agaraputhur_IP 25 Chidambaram T.N.Pattinam_IP 26 Chidambaram Erumbur_IP 27 Chidambaram Kanagasabai Nagar_IP 28 Chidambaram Vilangiyammankoil St_IP 29 Chidambaram KKC Street_IP 30 Chidambaram Pinnalur_IP 31 Chidambaram Meikaval St_IP 32 Chidambaram Sivayam_IP 33 Chidambaram Sivasakthi Nagar_IP 34 Chidambaram T_Neduncheri_NB 35 Chidambaram Medical College_NB

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36 Chidambaram Annamalai Nagar_NB 37 Chidambaram Solatharam_NB 38 Chidambaram Devadoss Nagar_NB 39 Chidambaram Muttam_NB 40 Chidambaram Pinnathur_NB 41 Chidambaram PNO_Muthaia Mudali St_NB 42 Chidambaram Taluk office CDM_NB 43 Chidambaram R K Nursing Home_NB 44 Chidambaram Marine Centre_NB_Micro1S 45 Chidambaram Kattumannar KoilTown_NB 46 Chidambaram Keerapalayam_NB 47 Chidambaram Valasakadu_NB 48 Chidambaram CDM_Murugan Street_NB 49 Chidambaram C.Mutlur_NB 50 Chidambaram CDM_MariappaNagar 51 Chidambaram Pichavaram_USO 52 Chidambaram Kondasamudram_USO 53 Chidambaram Palaiyamsenthangudi_USO 54 Chidambaram Shandon_USO 55 Chidambaram Kanur_USO 56 Chidambaram Thentalaikulam_USO 57 Cuddalore P.Kanganakuppam_IP 58 Cuddalore Kilarungunam_IP 59 Cuddalore Rasapalayam_IP 60 Cuddalore Kilmambattu_IP 61 Cuddalore Alapakkam_IP 62 Cuddalore Panikkankuppam_IP 63 Cuddalore U.Mangalam_IP 64 Cuddalore SIPCOT Valllalar nagar_IP 65 Cuddalore Anguchettipalayam_IP 66 Cuddalore Vadakku Velur_IP 67 Cuddalore Sepalanatham_IP 68 Cuddalore Chemplast_IP 69 Cuddalore LN Puram_Panruti_IP 70 Cuddalore VSP Nagar_Panruti_IP 71 Cuddalore CDL Road_Mandarakuppam_IP 72 Cuddalore Thambipettai_IP 73 Cuddalore Andarmullipallam_Micro_IP 74 Cuddalore CDL_Padaleswarar_Temple_IP 75 Cuddalore PRT_Gandhi Road_IP 76 Cuddalore Bhirundhavan nagar_IP

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77 Cuddalore Thiruvanthipuram_NB 78 Cuddalore NTS_Block 5_NB 79 Cuddalore Kurunjipadi Market_NB 80 Cuddalore Veenangkeni_NB 81 Cuddalore Block 25_NB 82 Cuddalore Block 28_NB 83 Cuddalore Anna Market CDL_S 84 Cuddalore S.Kumarapuram_NB 85 Cuddalore Pudhupalayam_NB 86 Cuddalore Friends_Nagar_NB 87 Cuddalore Sorakalpattu_NB 88 Cuddalore Lawrence Road_NB 89 Cuddalore Surappan Nayakan Savadi_NB 90 Cuddalore Koothapakkam_S_NB 91 Cuddalore Sedapalayam_NB 92 Cuddalore Marungur_NB 93 Cuddalore Puliyur (west)_NB 94 Cuddalore NLC Block 16_NB 95 Cuddalore Silambinathanpettai_NB 96 Cuddalore Pudupet Road_NB 97 Cuddalore Karunguzhi_NB 98 Cuddalore Sanniyasipettai_NB 99 Cuddalore Panruti_Bus Stand_NB 100 Cuddalore NTS Guest House_NB_Micro1S 101 Cuddalore NTS Govt. Hospital_NB 102 Cuddalore Main Bazzar_NB 103 Cuddalore Block 29_NB 104 Cuddalore Block 2_NB 105 Cuddalore NTS_Eight Road_NB 106 Cuddalore Periyakattupalayam_NB 107 Cuddalore Collectorate_NB 108 Cuddalore NTS_Thermal Station_NB 109 Cuddalore Indra Nagar_NB 110 Cuddalore CDL_OT_Sarang Street_NB 111 Cuddalore Bharathi stTPR Bypass_NB 112 Cuddalore KN_Pettai_NB 113 Cuddalore Chellankuppam_NB 114 Cuddalore Vadakuthu_NB 115 Cuddalore CDL_Anna nagar_NB 116 Cuddalore Nellikuppam Bazzar_NB 117 Cuddalore NLC Mines1_NB

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118 Cuddalore CDL_MaruthiNagar_NB 119 Cuddalore NTS_Block_24_NB 120 Cuddalore NTS_Block_10_NB 121 Cuddalore NTS_Block-6_NB 122 Cuddalore NTS_Block-3_NB 123 Cuddalore NTS_TPS-II_EXP_NB 124 Cuddalore Pavunambal Nagar_NB 125 Cuddalore Vandipalayam_NB 126 Cuddalore Ammeri_Exge 127 Cuddalore Melkumaramangalam_NB 128 Cuddalore Block_26_NB 129 Cuddalore NTS_Block_19_NB 130 Cuddalore Abatharanapuram_NB 131 Cuddalore NLC_Corporate_Office_NB 132 Cuddalore Pennai_Garden_NB 133 Cuddalore Devanampattinam_NB 134 Cuddalore CDL_Vilva_Nagar_NB 135 Cuddalore NLC New Services Area_NB 136 Cuddalore NLC MINES-II_NB 137 Cuddalore New_Collectorate_NB 138 Cuddalore Theerthanagiri_USO 139 Cuddalore Kothavacheri_USO 140 Cuddalore Venkadampettai_USO 141 Cuddalore Visur_USO 142 Cuddalore Aviyanur_USO 143 Gingee Deevanur_IP 144 Gingee Sathambadi_IP 145 Gingee Modaiyur_IP 146 Gingee Melsevur_IP 147 Gingee Sangitamanagalam_IP 148 Gingee Eyyal_IP 149 Gingee Konai_IP 150 Gingee Perungapur Koot Road_IP 151 Gingee Uranithangal_IP 152 Gingee Anniyur_NB 153 Gingee Semmedu_NB 154 Gingee Malavantangal_NB 155 Gingee Gingee_Market 156 Gingee Edapattu_NB 157 Gingee Vellimedupettai_NB 158 Gingee Gie_Singavaram_road_NB

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159 Gingee Narasingarayanpettai_NB 160 Gingee Eachur_USO 161 Gingee Madappundi_USO 162 Gingee Tandavasamudram_USO 163 Gingee Avalurpet_USO 164 Gingee Kalladikuppam_USO 165 Gingee Naduvanandal_USO 166 Gingee Neerperuthagaram_USO 167 Kallakurichy Ammaiyagaram_IP 168 Kallakurichy Koothakudi_IP 169 Kallakurichy Lakkinayakkanpatti_IP 170 Kallakurichy Kaduvanur_IP 171 Kallakurichy Thenchettiyandal_IP 172 Kallakurichy Vilambur_IP 173 Kallakurichy Thottapadi_IP 174 Kallakurichy KAC Salem MainRd_IP 175 Kallakurichy Konagarayapalaiyam_IP 176 Kallakurichy Valavandankuppam_IP 177 Kallakurichy Ulagankathan_IP 178 Kallakurichy Madur_IP 179 Kallakurichy Poottai_IP 180 Kallakurichy Chithalur_IP 181 Kallakurichy Ogaiyur_Micro_IP 182 Kallakurichy KAC_Bazaar_IP 183 Kallakurichy Murarbad_IP 184 Kallakurichy 2154_Ka Alambalam_IP 185 Kallakurichy Nallathur_NB 186 Kallakurichy Soolankurichi_NB 187 Kallakurichy Eduthavoinatham_NB 188 Kallakurichy Arasambattu_NB 189 Kallakurichy Rayappanur_NB 190 Kallakurichy CSM Bazzar Street_NB 191 Kallakurichy Karadichittur_NB 192 Kallakurichy V. Mamandur_NB 193 Kallakurichy siruvathur_NB 194 Kallakurichy Bangram_NB 195 Kallakurichy KAL Central Bus Stand_NB 196 Kallakurichy Kacharapalayam Road 197 Kallakurichy Devapandalam 198 Kallakurichy MRN Nagar 199 Kallakurichy Innadu_NB

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200 Kallakurichy Vadathurasalur_Bus_Stop_NB 201 Kallakurichy Abirami Hotel 202 Kallakurichy Mahabharathi Engg College_NB 203 Kallakurichy Asakalathur_NB 204 Kallakurichy Paramanatham_USO 205 Kallakurichy Peral_USO 206 Kallakurichy Thagarai_USO 207 Kallakurichy Adaiyur_USO 208 Kallakurichy Pasar_USO 209 Kallakurichy Periyapagandai_USO 210 Kallakurichy Mudiyanur_USO 211 Kallakurichy Kandikkal_USO 212 Kallakurichy Serapattu_USO 213 Tindivanam Ural_IP 214 Tindivanam Vasantha puram_IP 215 Tindivanam Perumukkal_IP 216 Tindivanam Omanthur_IP 217 Tindivanam Kondamur_IP 218 Tindivanam Salavadi_IP 219 Tindivanam Adanapattu_IP 220 Tindivanam Nallavur_IP 221 Tindivanam Saram_IP 222 Tindivanam TNV_Nethaji Nagar_IP 223 Tindivanam Uppuvelur_NB 224 Tindivanam Tailapuram_NB 225 Tindivanam Jayapuram_NB 226 Tindivanam Anumanthai_NB 227 Tindivanam Kandadu_NB 228 Tindivanam Roshanai_NB 229 Tindivanam Sendur_NB 230 Tindivanam Nadukuppam_NB 231 Tindivanam Kollar_HW_NB 232 Tindivanam Nedumozhianur_NB 233 Tindivanam Ongur_NB 234 Tindivanam TNV_MariammanKoil_NB 235 Tindivanam Periathatchur_NB 236 Tindivanam Thenpazar_NB 237 Tindivanam Marakkanam _BS_NB 238 Tindivanam Murukkeri_NB 239 Tindivanam Kattalai_USO 240 Tindivanam Avanipur_USO

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241 Ulundurpet Adanur ULD_IP 242 Ulundurpet Pali Road_IP 243 Ulundurpet Vellaiyur Koot Road_IP 244 Ulundurpet Kattuedayar_IP 245 Ulundurpet Madapattu_IP 246 Ulundurpet Kondasamudram_IP 247 Ulundurpet Natchiarpettai_IP 248 Ulundurpet Anaiavari_Micro_IP 249 Ulundurpet Asanur_NB 250 Ulundurpet Ulundurpettai HW_NB 251 Ulundurpet Tiruvalluvar St_NB 252 Ulundurpet Parikkal_NB 253 Ulundurpet Senguruichi_NB 254 Ulundurpet VRS_College of ENGG_Tech_NB 255 Ulundurpet Aziz Nagar_NB 256 Ulundurpet Pachayammal TM Mandapam_NB 257 Ulundurpet Annai Theresa Engg_NB 258 Ulundurpet Nathamur_NB 259 Ulundurpet Sendanadu_USO 260 Villupuram V.Salai_IP 261 Villupuram Tokapadi_IP 262 Villupuram Vidur_IP 263 Villupuram VLU Periyar Nagar_IP 264 Villupuram Asur_IP 265 Villupuram MS_Mahal_IP 266 Villupuram Koliyanur HW_IP 267 Villupuram Tiruppachanur_IP 268 Villupuram Mundiampakkam 269 Villupuram Sankaramadam 270 Villupuram Villupuram_Bus_Stand 271 Villupuram Kilperumbakkam 272 Villupuram Toravi_NB 273 Villupuram Pombur_NB 274 Villupuram Siruvanthadu_NB 275 Villupuram Thiruvamattur_NB 276 Villupuram Vaigundavasan_Street 277 Villupuram Srinivasa_Nagar_NB 278 Villupuram Ramakrishna_School 279 Villupuram Kamban_Nagar_NB 280 Villupuram ES Engg.Tech_NB 281 Villupuram IFET Engg College_NB

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282 Villupuram Syndicate_Bank_VLU_NB 283 Villupuram Teli_NB 284 Villupuram Surya Engg College_NB 285 Villupuram SIGA Residential School_NB 286 Villupuram VLU_PandianNagar_NB 287 Villupuram VLU_Collectorate_NB 288 Villupuram Poondi_USO 289 Villupuram Maduraipakkam_USO 290 Villupuram Pakkam_USO 291 Virudhachalam Nadiyapattu_IP 292 Virudhachalam Karkudal_IP 293 Virudhachalam Venganur_IP 294 Virudhachalam Aladi_IP 295 Virudhachalam Periyanesalur_IP 296 Virudhachalam Venkarumbur_IP 297 Virudhachalam Pennadam_BS_IP 298 Virudhachalam Koothappankudikadu_IP 299 Virudhachalam Vijayamanagaram_IP 300 Virudhachalam South PeriyarNagar_IP 301 Virudhachalam Kazhudur_IP 302 Virudhachalam Kuppanatham_IP 303 Virudhachalam Edaichithur_IP 304 Virudhachalam Iruppu_IP 305 Virudhachalam A. Palayam_IP 306 Virudhachalam Sathukoodal_IP 307 Virudhachalam Dr.NNCE_IP 308 Virudhachalam VDC_Thiruvalluvar Nagar_IP 309 Virudhachalam Orangur_NB 310 Virudhachalam Arasakuzhi_NB 311 Virudhachalam Mangalore_NB 312 Virudhachalam Virudhachalam_market 313 Virudhachalam Seppakkam_NB 314 Virudhachalam Ambiga Sugar_Micro_NB 315 Virudhachalam Parur_NB 316 Virudhachalam Mudanai_NB 317 Virudhachalam VDC Annanagar_NB 318 Virudhachalam Tholar_NB 319 Virudhachalam Sirumulai_NB 320 Virudhachalam Nallur_NB 321 Virudhachalam Kavanur_NB 322 Virudhachalam Pudukuppam_NB

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323 Virudhachalam Mathur_USO 324 Virudhachalam Edaiyur_USO 325 Virudhachalam A.Chittur_USO 326 Virudhachalam Sethuvarayankuppam_USO 327 Virudhachalam Korakkavadi_USO

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